logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.03.30 2016가단144431
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 155,00,000 and 2% per month from August 21, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 5 (including additional numbers) and the purport of the entire pleadings in the witness Eul's testimony, the plaintiff is obligated to pay through C the agreed interest rate of KRW 200 million per month from August 20, 2014, and the due date of repayment on August 20, 2015 (However, the actual amount of payment is 160 million after deducting interest per year prior to the due date) to the defendant on August 20, 2015. There is no counter-proof, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 150 million, excluding KRW 45 million from the person who was paid as principal to the plaintiff and the agreed interest rate of KRW 250 million from August 21, 2015, which is the next day after the due date as the plaintiff seeks.

2. Judgment on the defendant's assertion

A. The Defendant did not borrow money to the Plaintiff, and the loan certificate and receipt (Evidence A 1 and 3) of this case cited by the Plaintiff were offered by the Defendant to lend money to C around August 2014, and C would first lend the loan certificate and receipt, so C would have made it available and sent it to C by mail. Since C did not lend money even after receiving the above documents, it is null and void since C did not lend money, it did not take any effect. The Defendant did not know of the Plaintiff at all, and did not set up a security, if the Plaintiff lent a large amount of KRW 20 million to the Plaintiff, the creditor did not set up the loan certificate, etc., and the Plaintiff’s delivery of KRW 160,000,000 to Busan and the Plaintiff residing in Seoul was contrary to the common sense, and the Plaintiff did not submit a request for repayment to the Defendant by no later than the lapse of 1 year and 4 months.

The plaintiff's delivery of a large amount of KRW 160 million to cash, the creditor's disturbance of the loan certificate, the loan repayment agreement, and the receipt (Evidence A (Evidence A 1, 2, and 3) is a disturbance or supplementary to the plaintiff.

arrow